Anbalagan v. State Rep.By, The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Anbalagan ... Petitioner Vs

1. State Rep by, The Deputy Superintendent of Police, Perambalur.

2. The Inspector of Police, Arumbavoor Police Station, Perambalur District.

[Crime No.72 of 2025]

3. Manokaran ... Respondents Prayer: Criminal Original Petition filed under 528 of BNSS., 2023, to direct the Learned Sessions Judge, Special Court for SC/ST(POA) Act Cases at Perambalur to accept the surrender of the Petitioner and consider the petitioner's bail application on the same day in Crime No.72 of 2025 on the file of the 2nd Respondent Police.

For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.A.Gopinath, Govt. Advocate (Crl. Side) (for R1 & R2)

ORDER

This petition is filed for a direction to the Sessions Judge, Special Court for SC/ST(POA) Act Cases at Perambalur to accept the surrender of the petitioner and consider the petitioner's bail application on the same day in Crime No.72 of 2025 on the file of the 2nd Respondent Police, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.

In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Sessions Judge, Special Court for SC/ST(POA) Act Cases at Perambalur, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.72 of 2025 and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioner shall surrender before the concerned jurisdictional Court within a period of fifteen days from the

date of the receipt of a copy of this Order.

3.

It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioner and pass orders. Mere direction issued by this Court to consider the bail petition on the same day does not amount to consider it favourably.

4.

With the above direction, the Criminal Original Petition stands disposed of.

17.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv To

1. The Deputy Superintendent of Police, Perambalur.

2. The Inspector of Police, Arumbavoor Police Station, Perambalur District.

3. The Sessions Judge, Special Court for SC/ST(POA) Act Cases at Perambalur.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, kv 17.04.2025